FundRaksha Trust

Cheque bounce notice online

A bounced cheque from a buyer is one of the strongest positions a supplier can be in, but only if the notice goes out within the deadline. Missing it by a day can lose you the criminal remedy under Section 138.

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Short answer

Under Section 138 of the Negotiable Instruments Act, send a written notice to the drawer within 30 days of receiving the bank's return memo, demanding the cheque amount. The drawer has 15 days from receipt to pay; if not, you can file a complaint within one month after that. On FundRaksha Trust a lawyer drafts and the legal team reviews the notice; digital costs 799 RP and registered post 1,099 RP.

The Section 138 timeline

StepDeadline
Cheque presentedWithin its validity
Return memo received from your bankDay 0
Legal notice sent to the drawerWithin 30 days of the return memo
Drawer to pay15 days from receiving the notice
Complaint before the magistrateWithin one month after the 15 days end

The notice is the step most often got wrong: sent late, to the wrong address, for the wrong amount, or without proof that it was received.

What the notice must say

  • The cheque number, date, amount and bank, and that it was given towards a debt or liability (your invoice).
  • The date and reason of return, as on the memo ("funds insufficient", "exceeds arrangement" and so on).
  • A demand for the cheque amount within 15 days of receipt.
  • The drawer's correct name and address. Use the GST registration for this: the free GST check gives the legal name.

The cheque bounce legal notice format shows the structure, and cheque bounce notice explains each element.

Sending it through Trust

  1. Enter the buyer, the amount and the cheque details; attach the return memo if you have it.
  2. A lawyer drafts the notice and the legal team reviews it.
  3. Digital: sent by email and WhatsApp, delivered in minutes and tracked in the app (799 RP).
  4. Physical: printed and sent by registered post with an India Post tracking number; proof of delivery is saved (1,099 RP).

Because proof of service may be needed at the complaint stage, sending the physical notice as well as the digital one is a sensible default.

Worked example and next steps

A Kolkata jute-bag supplier receives two returned cheques of ₹95,000 and ₹1,20,000 from a Burrabazar trader, both marked "funds insufficient". It sends one notice covering both cheques through Trust, digital and by registered post, on the fifth day after the memo. The trader pays the first cheque within the 15 days and asks for time on the second. If he does not pay, the supplier can file a complaint within the following month. Recovery support in the city is at FundRaksha Kolkata.

Before accepting post-dated cheques from a new buyer again, check them first: see how to verify a buyer before giving credit, and report the defaulter if the cheque remains unpaid.

Common errors in cheque bounce notices

  • Demanding interest or other dues in the same breath without separating the cheque amount, which can confuse the demand.
  • Sending to an old address when the buyer has moved; check the current GST registration first.
  • Counting 30 days from the cheque date instead of from the return memo.
  • Filing the complaint too early, before the 15 days for payment have run out.

A lawyer-drafted notice avoids these, which is the point of using one.

Sources

Last reviewed: 2026-10-21. Information for Indian businesses; not legal advice.

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मुफ़्त सलाह, कोई शुल्क नहीं

Talk to a FundRaksha recovery expert for free. In one call we assess your unpaid invoices and tell you honestly what can be recovered, how, and in roughly how long. No fee for the call, no obligation, and no upfront cost if you go ahead: our fee is a percentage of what we actually recover.

  • A review of your invoices, purchase orders, delivery proof and the buyer’s replies
  • An honest assessment of recovery chances and the right route: reminders, legal notice, MSME Samadhaan, Section 138 or a civil suit
  • A realistic timeline and the exact cost: nothing upfront, a success fee only on recovery
  • A dedicated advocate assigned within 24 hours if you decide to proceed
Keep these ready
  • The unpaid invoice(s) and payment terms
  • Purchase order, delivery challan, e-way bill or proof of service
  • Messages, emails or letters about the payment
  • For a bounced cheque: the cheque and the bank return memo

No recovery, no fee. Court fees, if any, are borne by the client and told upfront.

FAQ

Questions, answered

Trust sends digital notices by email and WhatsApp and tracks delivery. Because service may have to be proved in court, also send a registered post copy, which Trust offers with proof of delivery.

This page is general information for Indian businesses, not legal advice for your specific case. Laws, rates and procedures change; speak to an advocate before acting. FundRaksha LegalTech Pvt Ltd is a technology company; legal work is carried out by enrolled advocates.